Among the federal civil rights statutes is Title IX, which protects the rights of people of different genders, gender identities, and sexual orientations to go to college or university. While this might seem like something that cannot have a dark side, though, Title IX can be a problem for students who have been accused of sexual misconduct, like sexual assault or sexual harassment, because Title IX requires schools to take strict action in these cases and this can amount to them feeling pressure to convict a student of wrongdoing.
Unfortunately, this can happen in nearly every school in New Hampshire because Title IX applies to any college or university in the U.S. that accepts federal funding, including through student loan programs. Together with the pressure that Title IX puts on schools to find a student in violation of the statute's prohibition of sexual misconduct, this broad reach makes the right to appeal an adverse outcome critical.
Your Right to Appeal a Title IX Case in New Hampshire
Students in New Hampshire who have been found in violation of Title IX's sexual misconduct provisions can challenge the determination or the sanction, or both at the same time, by appealing their case.
Having and using this right to appeal is critical because Title IX allegations are so serious that the hearing processes that New Hampshire schools use are woefully ill-suited to determine them.
Possible Grounds for a Title IX Appeal
Unfortunately, the right to appeal the outcome of a Title IX case in New Hampshire is not absolute—it can only be done if the appeal falls into one of the following possible basis for an appeal:
- Overly harsh sanction. If you limit your appeal only to the sanction that was issued, then you can appeal it by claiming it is too harsh for the violation.
- New evidence. If new evidence in your case has come to light since the Title IX case wrapped up, and that evidence could not reasonably have been found during the earlier hearing process, then it can be grounds for an appeal.
- Procedural errors. While all schools have their ways of hearing Title IX cases, it does not mean that they always follow them correctly. If mistakes were made in how your case was heard, and those mistakes could have substantially impacted the outcome of your case, it can be the basis for a Title IX appeal.
- Due process violations. Finally, because Title IX allegations are serious affairs, you have due process rights to be meaningfully heard in your defense. If your school tramples on these rights, it can be the basis for an appeal.
New Hampshire Title IX Appeals Advisor Joseph D. Lento
Student discipline attorney Joseph D. Lento advises students in New Hampshire who are utilizing their rights by considering an appeal of their Title IX case. Contact him online or by phone at 888-535-3686 for the help you need to make sure you are taking the steps you need to take to maximize the prospect of success on your Title IX appeal.
- Chester College of New England
- Colby Sawyer College
- Daniel Webster College
- Dartmouth College
- Franklin Pierce University
- Granite State College
- Great Bay Community College
- Hesser College
- Keene State College
- Lakes Region Community College
- Lebanon College
- Manchester Community College
- Nashua Community College
- New England College
- New Hampshire Institute of Art
- NHTI Concord's Community College
- Northeast Catholic College
- Plymouth State University
- River Valley Community College
- Rivier College
- Saint Anselm College
- Southern New Hampshire University
- St. Joseph School of Nursing
- Thomas More College of Liberal Arts
- University of New Hampshire at Manchester
- University of New Hampshire Main Campus
- White Mountains Community College
A Title IX finding of responsibility can change an accused student's life if not properly addressed and appealed, and Joseph D. Lento has a decade of experience passionately fighting for the futures of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor and educational consultant to students facing disciplinary cases in New Hampshire and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
